Judge Serena R. Murillo, Case 21STCV27156 2023-01-06 Tentative Ruling

Judge: Serena R. Murillo, Case: 21STCV27156, Date: 2023-01-06 Tentative Ruling

Case Number: 21STCV27156 Hearing Date: January 6, 2023 Dept: 29

TENTATIVE

The Court has reviewed the Expedited Petition to Approve Compromise of a Person with a Disability, (Pepper Clifton). The Court declines to approve the Petition as requested. Pursuant to Cal Rules of Court 7.950.5(c)(3), the Court elects to schedule a hearing date to allow counsel to correct the following issues:

First, attachment 19(b)(6) which would address the proposed conditions in which the settlement proceeds would be disbursed, is missing.

Second, Defendant has not been served with the petition.

Third, the declaration filed with the petition does not sufficiently substantiate a fee request of 33.3% of the settlement amount. The Court finds 25% to be reasonable.

The court intends to approve the following distribution:

Attorney’s fees (25%)	$3,897.59
Medical expenses	$2,915
Costs	$7,354.86
Total fees and costs	$14,167.45

Total Settlement	$15,590.38
Less credits	$14,167.45
Net Settlement for Spend Down Disbursement	$1,422.93

Accordingly, the Court schedules a hearing on this petition for at 8:30 a.m. in Department SS-29. Counsel is ordered to correct the defects and file a new proposed order.

Moving party is ordered to give notice.